sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
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shirish
09-02 01:54 PM
I am in the same situation. My lawyer sent the application with out medicals one day before the medical reports reached him.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
genscn
01-29 11:58 AM
Although website mention 15 days for the PIO card, how long does it actually takes to process and receive PIO card?
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gcwanter
06-27 08:38 AM
If i am on H1 and am the prinicipal applicant ; what is my A# number?
Is it the number on I94?
assume I140 is pending
Is it the number on I94?
assume I140 is pending
more...
anilsal
03-17 04:29 PM
From http://www.murthy.com/eb1opr.html
if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.
if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.
HRPRO
02-18 10:47 AM
Jagan,
Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.
I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.
Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.
I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.
more...
Tantrik Swami
November 19th, 2004, 06:37 AM
I have exactly the same problem ... happened to me two days back ... i dont know what to do ... HELP ... and if you guys get a reply from Nikon ... please let me know ... thanks ...
PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(
PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(
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sunny1000
01-14 04:14 PM
I posted this on another thread:
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org
You can choose "International response fund" for Red cross donations so that the money goes to Haiti relief effort or text "Haiti" to 90999 from your cell phone (the previous poster mentioned).
You can mention "Haiti Relief" in the "specific purpose" column for Salvation Army. You can use paypal also.
I donated to both. Please donate as soon as possible.
Thanks.
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org
You can choose "International response fund" for Red cross donations so that the money goes to Haiti relief effort or text "Haiti" to 90999 from your cell phone (the previous poster mentioned).
You can mention "Haiti Relief" in the "specific purpose" column for Salvation Army. You can use paypal also.
I donated to both. Please donate as soon as possible.
Thanks.
more...
REDS
01-01 12:29 AM
Opened SR got a response letter informin that my case is within the "6months" window frame @ TSC so i guess I should see an FP notice by March 11 '08., Am a july 17 filer @ TSC, RD is Sep 11 and got EAD and AP long time back.
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dollar500
11-19 06:14 PM
That has happened to me too. It's ok. I looked at the reciept notice and the date is the original reciept date not the one mentioned in update. Don't worry. If you are really concerned call your lawyer.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
more...
IVFOREVER
03-06 04:10 PM
I think given the volume of name checks cleared and USCIS is working on these cases(assuming) it will move to 2001 oct MAX or the same month and move a couple of days.
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rahulpatel
08-14 03:03 PM
I am on H1
Are you on H1? OR are you a PR or USC??
Are you on H1? OR are you a PR or USC??
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ivjobs
11-06 05:11 PM
Some of the IV Members have great entrepreneurial spirit but could not proceed with their dreams of becoming their own boss because of the limitations in maintaining their status and starting a successful business. To address various problems being faced by the Members of IV community who dream to start their own companies, a yahoo group has been formed to help and exchange information/resources/experiences among each other.
Immigration Voice Entrepreneur group is a forum for like minded members of Immigration Voice who have basic interest in Entrepreneurship. The forum intends to help its members through exchange of knowledge and experience in their entrepreneurial endeavors. This is an open forum, please feel free to ask any questions related to start up, issues concerning Maintaining Immigration status and starting business, help in building your existing business, etc.
Please visit the below given yahoo group website to subscribe to forum.
visit Weblink : http://finance.groups.yahoo.com/group/ivstartup/
or send email to: ivstartup-subscribe@yahoogroups.com
Administrators, please if possible make this a sticky so that members can join, actively participate on this thread.
Immigration Voice Entrepreneur group is a forum for like minded members of Immigration Voice who have basic interest in Entrepreneurship. The forum intends to help its members through exchange of knowledge and experience in their entrepreneurial endeavors. This is an open forum, please feel free to ask any questions related to start up, issues concerning Maintaining Immigration status and starting business, help in building your existing business, etc.
Please visit the below given yahoo group website to subscribe to forum.
visit Weblink : http://finance.groups.yahoo.com/group/ivstartup/
or send email to: ivstartup-subscribe@yahoogroups.com
Administrators, please if possible make this a sticky so that members can join, actively participate on this thread.
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karanp25
07-30 01:47 PM
If u r a dependent, then ur EAD case is much simpler than the primary's case, logocally speaking...
Don't try to make too much logic out of USCIS. It's all random and they work as they please.
I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?
Don't try to make too much logic out of USCIS. It's all random and they work as they please.
I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?
more...
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lee.cook
January 30th, 2008, 02:36 PM
Hello,
It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.
The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.
Rebel XT http://www.amazon.com/Canon-Digital-Rebel-XT-f3-5-5-6/dp/B0007QKN22/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725259&sr=1-1
Rebel XTi
http://www.amazon.com/Canon-Digital-10-1MP-18-55mm-3-5-5-6/dp/B000I1ZWRC/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725290&sr=1-1
I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.
It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.
The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.
Rebel XT http://www.amazon.com/Canon-Digital-Rebel-XT-f3-5-5-6/dp/B0007QKN22/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725259&sr=1-1
Rebel XTi
http://www.amazon.com/Canon-Digital-10-1MP-18-55mm-3-5-5-6/dp/B000I1ZWRC/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725290&sr=1-1
I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.
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akhilmahajan
04-30 10:44 AM
see we got some hope..........
thanks a lot for the update...........
thanks a lot for the update...........
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suman
12-17 10:04 AM
What is NOID? If i don't respond do i have the time to respond. How much time do i have?
And what is RFE?
Thanks
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
And what is RFE?
Thanks
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
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gcformeornot
02-11 02:39 PM
Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.
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milind70
09-16 02:16 PM
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.
This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.
This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)
sriramkalyan
08-22 10:38 AM
Hi,
Did any one graduate from Stevens Institute of Technology ?
I plan to do TM from this ...My company pays for tuition..
i havent seen any good ranking for this institute.
Also any info on Tiffin University in Ohio ...
Thanks
Did any one graduate from Stevens Institute of Technology ?
I plan to do TM from this ...My company pays for tuition..
i havent seen any good ranking for this institute.
Also any info on Tiffin University in Ohio ...
Thanks
bb8185
06-05 10:54 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
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